Partner Christopher Marraro co-authored an article that was published on Aug. 12, 2021, by the Washington Legal Foundation. The article “Executive Orders: Deconstruction, Revocation, and the Need for Judicial Moats” examines how the executive branch has increasingly relied on its own Executive Orders to set policy and make changes in the structure of government without the input of Congress. The authors examine how Executive Orders and the administrative state have been, and are being, weaponized; 2) how such orders are usurping the policy-making role of the legislative branch; and 3) how federal courts might play a role in returning policy matters to the legislative branch.
Read the article.